Border Woes: Transporting CBD into Canada is Not OK

In a current tweet, the Canada Border Solutions Agency (CBSA) reminded us that transporting CBDoil into Canada remains illegal. Although in most areas south of the 49th parallel what CBSA has to say is of tiny consequence, it surely matters right here in Washington State, exactly where you are in no way as well far away from the Canadian border. The complete text of the tweet reads:

#DYK that transporting #CBDOil across the border remains illegal? Transporting any type of # cannabis across the border with no a permit or exemption authorized by @GovCanHealth remains a critical offence. #DontBringItIn #DontTakeItOut

With the coming into force of the Cannabis Act on October 17, 2019, recreational marijuana use became legal on each sides of Washington State’s 427-mile border with British Columbia, as effectively as other stretches of the U.S.-Canada boundary. This developed a scenario ripe for confusion. The man (or lady) on the Amtrak Cascades may possibly reasonably conclude that there is nothing at all incorrect with taking a cannabis solution purchased legally at a Seattle shop to Vancouver, exactly where it can also be bought legally.

On the other hand, as the Canadian government created clear in the data sheet it sent to each household in the nation prior to the Cannabis Act’s helpful date: “It’s illegal to take cannabis and cannabis goods, like these with CBD, across the Canadian border, irrespective of whether you are leaving or coming to Canada. This applies to all nations, irrespective of whether cannabis is legal there or not.”

With CBD goods also on the hook, the prospective for confusion extends to substantially of the borderlands. For instance, whilst Montana has a substantially stricter cannabis regime than Washington State, THC-no cost CBD goods are not illegal in Huge Sky Nation. This puts not just the marijuana aficionado from Tacoma on his way to celebration in Van at danger of border difficulty, but also the arthritic retiree from Helena heading up for a weekend in Banff.

To be fair, it is not uncommon at all for goods that are legal on each sides of a border to be topic to customs controls, for income and/or regulatory factors. That stated, the scenario with cannabis along the U.S.-Canada border is extra fraught with danger mainly because it is nonetheless an illegal drug as far as the U.S. federal government is concerned.

It is completely understandably for U.S. Customs and Border Protection (CBP) to be on the lookout for cannabis goods. The agency is tasked with enforcing federal law, and logically their officers in Metaline Falls, Washington ought to not go about their duties any differently that their colleagues 55 miles away in Eastport, Idaho. On the other hand, it is clear seems that the Feds are going far beyond that—with Canadians feeling substantially of the discomfort.

The CBC is most likely not exaggerating when it reports, “Thousands of Canadians have been denied entry to the U.S. just for admitting they’ve smoked a joint as soon as in their lives.” As my colleague Akshat Divatia recently explained:

U.S. law will not recognize any amnesty or pardon by Canadian authorities for cannabis-associated convictions. Admitting to a CBP officer that you employed marijuana any time ahead of legalization is the equivalent of a formal court conviction for that crime and you will most likely be denied entry into the United States.”

The exact same CBC report notes than an “unsuspecting CBDoil user”—remember our arthritic retiree—could be “banned from getting into the [U.S.] for life.” But you do not even require to carry or even have employed cannabis goods to get in difficulty. As Akshat notes:

These who legally operate in the Canadian cannabis market ought to give particulars about their function and convince U.S. border officers that their trip to the U.S. is purely private. Cannabis workers will most likely require to prove that whilst in the U.S., they will not engage in any networking or strategic meetings, presentations, marketing and advertising efforts, or any manufacturing or distribution activities with buyers or cannabis market colleagues.”

Stated much less elegantly, coming to the U.S. for cannabis-associated company is a no-no. Even investing in cannabis enterprises could theoretically get you banned for life from the United States. With this type of onslaught, even innocuous activities such as altering planes at a U.S. airport to attend a cannabis conference in a third nation are causes of concern.

It does not quit there, although. In at least a single instance that we know of, CBP took away NEXUS privileges from an individual who wrote a reference letter for a fellow Canadian applying for a waiver for a marijuana-associated ineligibility. This is worth repeating. They did not take away NEXUS privileges from an individual who him or herself had a marijuana ineligibility, but rather from an individual who wanted to support that particular person by writing a letter. This would be akin to a lawyer finding sanctioned for serving as a character reference for a bar applicant who had a run-in with the law in the previous.

You may possibly consider, effectively, it is just NEXUS—wait in the common line like the rest of us. But the capability to stay clear of lengthy waits at the border can be crucial for persons engaged in cross-border company activities. And, once more, the privileges are getting taken away for writing a letter.

I want I could say that the bottom line is as easy as not taking any cannabis products—whether THC, CBD or someplace in between—with you when you cross the border. On the other hand, the dangers run substantially deeper for Canadians and other foreigners with any cannabis involvement heading south. And to be positive, this consists of foreigners living in the United States, who are quite substantially topic to the exact same ineligibilities.

If in doubt, speak to a lawyer ahead of you go anyplace close to the Peace Arch. Do not take possibilities: The consequences can be as critical as they get.